Proposed amendments to Cybercrimes Act could criminalise circulation of graphic images, fake news

 

Persons could find themselves in trouble with the law for circulating graphic images or fake news online if certain proposals for amending Jamaica's Cybercrimes Act are accepted by parliament.

 

The proposals were made by the Ministry of National Security during Thursday's sitting of the joint select committee reviewing the 2015 law.

 

Michael Morgan, Senior Policy Director in the Cyber Intelligence and Incident Response Branch at the Ministry, said the law should be amended to address images circulated online, including "data of a particularly graphic nature such as violent events resulting in death or serious injury, or the maiming of a person or persons," which can have serious psychological impact on recipients.

 

Mr. Morgan also noted that the Act does not address new forms of cybercrimes. 

 

He suggested several new offences, including unauthorised use of copyright, phishing, cyber-terrorism, and withholding electronic communication which is erroneously received.

 

Mr. Morgan said the issue of publishing false information needs to be addressed by the law, especially given experiences from the COVID-19 pandemic.

 

He proposed the inclusion of a provision to make it an offence to deliberately make a false publication over a digital platform with the intent to commit or facilitate the commission of an offence. "False publications have led to misinformation, outrage through deception, incitement of violence, and in some instances, physical, financial and or reputational damage," he pointed out. 

 

 

 

The Office of the Director of Public Prosecutions (DPP) said the recent fraud case involving former National Commercial Bank senior manager Andrea Gordon highlights the need for higher penalties under the Cybercrimes Act.

 

Gordon, who confessed to stealing $34 million from the financial institution, was sentenced on Monday to seven years and six months in prison.

 

Deputy DPP Andrea Martin Swaby told the parliamentary committee on Thursday that cybercrimes carry a maximum penalty of seven years' imprisonment if tried in the circuit court and four years if tried in the parish courts.

 

She noted that in the case of the former NCB manager, the cybercrime offence attracted the lowest sentence - two years and eleven months. She said the former bank manager received her highest sentence - seven year - for offences under the Proceeds of Crime Act. 

 

The deputy DPP noted that the penalties imposed under the lottery scamming law and the Proceeds of Crime Act are much harsher than those under the Cybercrime Act.

 

She pointed out that under the Proceeds of Crime Act, the maximum penalty that can be handed down by a judge is 20 years, whereas the maximum under the Cybercrimes Act is seven years. 

 

Mrs Martin Swaby urged the committee to "assess carefully whether the penalties that are imposed under the Cyber[crimes] Act reflect the severity of the offences."